The Jharkhand High Court has directed the Assembly Secretariat (headed by Speaker) to resolve the issue of appointment of Leader of Opposition (LoP) or the leader of the largest opposition party within a week. The Court has also directed the Speaker to resolve the crisis or physically appear in the Court in the next hearing. The High Court made the observation during the hearing of a PIL filed by the High Court Advocates Association in connection with appointment of information commissioner and members in boards and corporations.
The public interest litigation of the Advocate Association was heard in the bench of High Court Chief Justice Sanjay Kumar Mishra. Advocate General Rajeev Ranjan argued on behalf of the government. Advocates Abhay Mishra and Naveen Kumar presented their side on behalf of the applicant Rajkumar. Now the matter will be heard in the court after a week.
As per the rules, the government makes the appointment of Information Commissioner, members in various boards and corporations in consultation with the Chief Minister, cabinet ministers and Leader of the Opposition party. As there is no LoP, the appointment of these posts is hanging for years. The Speaker has not assigned LoP status to BJP Leader Babulal Marandi as his membership issue is lying in the court of the Speaker.
The BJP has named Marandi as its legislature party leader but the Speaker is yet to give LoP status to him due to an anti-defection petition against him pending at the Speaker’s tribunal.
In February this year, Jharkhand assembly Speaker Rabindranath Mahto advised the opposition Bharatiya Janata Party (BJP) to name a new leader of Opposition (LoP) saying that he would soon decide on the disqualification petition against Babulal Marandi, who has been nominated for the post.
The anti-defection charges were filed against Marandi in December 2020 after he merged his Jharkhand Vikas Morcha (Prajatantrik) or JVM (P) with the saffron party in February that year in the presence of Union home minister Amit Shah and was unanimously elected the leader of the BJP legislature party.
The Speaker refused to give the status of LoP to Marandi and subsequently initiated an anti-defection proceedings suo motu. However, the move was challenged by Marandi in HC, arguing that the Speaker can’t take cognisance on matters of anti-defection.
As the Speaker Court is delaying the process of appointment of LoP status to Marandi, Babulal Marandi had knocked the door of HC. However, in January the Jharkhand High Court dismissed the petition filed by BJP legislator party leader Babulal Marandi, alleging Assembly Speaker Rabindra Nath Mahato of not giving him an opportunity to defend himself while hearing a case pertaining to defection charges against him. Notably, a hearing by the Assembly tribunal has been completed and Marandi has knocked on the doors of Jharkhand HC, alleging the Speaker of not hearing his side properly and demanding a stay on the Speaker’s verdict.